Kobie v. Fifthian et al

Filing 144

ORDER re 135 Notice of voluntary dismissal filed by Fred Herman Kobie, III. This matter is DISMISSED without prejudice as to Counts II and IV of the Second Amended Complaint 65 . The Clerk of Court is directed to enter judgment accordingly and terminate Defendant Sheriff Mike Scott as a named defendant in this case. Signed by Judge Sheri Polster Chappell on 4/28/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

FRED HERMAN KOBIE, III,
Plaintiff,
v.

Case No: 2:12-cv-98-FtM-29DNF

JASON FITHIAN, Detective of Lee
County Sheriff Department and MIKE
SCOTT, Sheriff of Lee County Sheriff
Department,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff Fred Herman Kobie, III's Voluntary
Dismissal Without Prejudice of Defendant Mike Scott (Doc. #135) filed on April 22, 2014.
Under Rule 41(a)(2) of the Federal Rules of Civil Procedure, "an action may be dismissed
at the plaintiff's request only by court order, on terms that the court considers proper."
Fed. R. Civ. P. 41(a)(2). Here, Plaintiff voluntarily dismisses this action without prejudice
as to his two claims against Defendant Mike Scott. He is not, however, seeking to dismiss
his claims against Defendant Jason Fithian.
Accordingly, it is now
ORDERED:

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This matter is DISMISSED without prejudice as to Counts II and IV of the Second
Amended Complaint (Doc. #65).

The Clerk of Court is directed to enter judgment

accordingly and terminate Defendant Sherriff Mike Scott as a named defendant in this
case.
DONE and ORDERED in Fort Myers, Florida this 28th day of April, 2014.

Copies: All Parties of Record

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